Terrorism and the Constitution: The Post-9/11 Cases

(Paperback)

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This book contributes to the ongoing national debate on civil liberties during the war on terrorism by providing easy access to relevant documents from major post-9/11 cases. The book's goal is to give students an opportunity to consider two fundamental questions and explore other issues related to them. First, is the war on terrorism a type of war that requires a shift in the balance between national security and individual rights Second, following the 9/11 attacks, are the three branches of the federal government functioning properly It is imperative to define the role of the President, the Congress, and the federal judiciary in this new kind of war in which suicidal terrorists are actively seeking access to weapons of mass destruction. The specific issues raised in these post-9/11 cases are the basis for evaluating the proper balance between national security and individual rights during the war on terrorism and the respective roles of the three branches of the federal government.

Reviews

Pohlman has done something very useful: provided a carefully edited selection of briefs, argument transcripts, and other materials bearing on the major terrorism cases that have been decided since the September 11, 2001, terrorist attacks. These materials provide essential background to understanding a series of cases that deal with fundamental issues of civil liberties and national security. -- Richard A. Posner, U.S. Circuit Judge
This book provides documents from major post-9/11 cases that highlight central constitutional issues raised by the war on terror. -- 2008 * Law & Social Inquiry *
H.L. Pohlman's careful selection and editing of materials makes it possible for readers to understand the complex legal issues arising out of the war on terrorism, and, even more important, to evaluate the legal arguments and come to their own conclusions about how our Constitution should respond to the realities of the twenty-first century. -- Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School

Author Bio

H. L. Pohlman is the A. Lee Fritschler Professor of Public Policy at Dickinson College. Previously he was a Distinguished Fulbright Lecturer on American constitutional law in the United Kingdom, a Judicial Fellow at the Supreme Court of the United States, a Reporter of an Ad Hoc Committee of the Judicial Conference of the United States, and a director of the K. Robert Nilsson Center for European Studies in Bologna, Italy. He has received a number of awards, grants, and fellowships. He has published widely in the field of legal theory and American constitutional law. His work in progress is focused on the rule of law during the administration of George W. Bush.